neighborhood in berkeley right here in the heart of town? >> i'm freaked. i just can't believe it. >> we had absolutely no idea it was a mountain lion. >> reporter: who would expect a 100-pound feline to be wandering through this neighborhood? the mountain lion was first spotted around 2:15 this morning and police officers clayed it around for more than an hour -- chased it around for more than an hour as it jumped over fences and crossed streets. >> it's really scary. because sometimes my cats stay out in the evening and i don't want -- [ crying ] >> reporter: finally police officers cornered the cat on walnut street. >> it was 3:23. i woke up to the sound of three -- two, one right after the other and the third. and to be honest, i was really hoping it was fireworks and someone was just being a jerk and lighting them off at 3:00 a.m. >> reporter: but those weren't fireworks. they were rifle shots. officers killed the mountain lion. >> we felt that it posed a

significant if not deadly threat. we have no tools in terms of any kind of tranquilizers or managing a mountain lion or wild animal like that. the entity that's responsible for managing the wild animals is the california department of fish & game. so they are called immediately and asked to respond. >> from sacramento? >> from sacramento. >> reporter: neighbors were startled. deer. >> we see them all the time. well, my neighbor has to put nets around her roses to keep them from the -- deer from eating them. and i had to put like a fence to keep the deer from coming in because they used to come in my backyard and sit on my compost. >> reporter: so not that surprising to think the mountain lion was here to feed. take a look. it came down from the hills. not that far of a distance from

those hills back down here to the neighborhood. nobody wanted to see it happen to the animal but this is a residential neighborhood. tough call for the police. >> as you said before. if there are deer, mountain lions are close behind. >> reporter: following the food. >> yes, indeed. thank you, simon perez. well, police are still looking for a gunman after shots rang out in berkeley this afternoon. it happened near the intersection of sacramento and oregon streets. witnesses say they heard at least 10 shots. a short distance away, police found bullet holes in this white cadillac. no reports of any injuries. it's still unclear what promised the shooting. doctors have up graded the condition of the fremont police officer shot last week. they say officer todd young is now in stable condition this afternoon. another surgery today was successful. officer young lost 40% of his blood after he was shot while serving a warrant in oakland. police arrested the suspect, andrew barrientos, near the

mexican border on saturday. he is in jail in san diego and will be moved back to alameda county. palo alto police have beefed up patrols. vandals have broken into 28 vehicles during 12 days. they generally steal laptops and gps units and cell phones. very scary moments for hundreds of people on a flight that was going from san francisco to australia. shortly after that 747 took off, one of the engines blew. pilots were forced to turn around and come back to sfo. anne makovec shows us what one of the first mechanics to look at the plane has to say. reporter: these pictures were taken by a cbs 5 viewer right after qantas flight 74 hit safe ground this morning at sfo. you can see what appears to be a hole in the ingeneral compartment after -- in the engine compartment after a blowout over the pacific ocean. >> there was a very strong

shudder on the right-hand side of the plane. a bit of a sag and a bump and the same kind of veered off left. >> heard a very strange noise. i don't travel that much but it was wrong. >> reporter: more than 200 passengers have a travel tale that started 45 minutes into the flight bound for australia. >> people in the right-hand side of the plane seemed very shocked, and apparently there were flames coming outside of that side of the plane. >> it was uncomfortable vibration, very uncertain for a period of time until the captain announced what was going on and we had an engine that blew up. >> reporter: the plane flew around for a while to get rid of fuel and returned to sfo at around 1:00 a.m., where crews got to work inspecting the damaged 747. these pictures were taken by an anonymous mechanic at sfo who says it could be a case of engine fatigue. the airport spokesman says they

will find out. >> what was investigators will do is take apart the engine, every last nut and bolt to look at everything that's still there, look for a cause. was it a broken blade? was it other mechanical issue? was it wiring? >> reporter: he says the plane did go through its preflight inspection, a daily maintenance review and the crew walkaround. the most important part to most passengers, the touchdown. >> all cheered and everybody was a lot happier at the end and yeah, very relieved to be on the ground. >> reporter: this is the plane that made the emergency landing last night. a qantas 747. if you look at the white patch, it's on the plane's right-hand side, it is covering the hole where the engine blew. now, today qantas has been working very hard to place those passengers on other flights. some of them will get out tonight. others, not until tomorrow. at sfo, anne makovec, cbs 5. struggling to stay in school because they have

nowhere else to go. the program that's helping homeless kids stay focused in the classrooms during hard times at home. >> great news for california drivers. your free ride just got longer. who gets to keep on using those carpool lanes even if they are driving alone.

homeless. those with en face an e today's bad economy has left many families homeless and those with children face an even tougher situation. ann notarangelo shows us a new east bay program aimed at helping school aged kids stay in school and stay focused. >> we get to learn about, like, what happened before, like, our modern times. >> reporter: 12-year-old forest parker is okay with learning about history. but personally, he is focused on his future. >> i feel that it will actually

go somewhere now since i can concentrate more, i have better grades i might get into a good college or something and succeed in life. >> reporter: that's an extraordinary statement considering not too long ago he and his mother were homeless. can you describe what that was like? >> itsucked. yeah. it sucked. >> it was sad and it was affecting his school work. >> reporter: his mother watched helplessly as the former good student started failing. he was like thousands of children in contra costa county who are now homeless and struggling in school. his principal see it is all the time. >> in order to really achieve, they have to be able to focus. and having a consistent pattern in their life is very, very important. anytime the consistency is interrupted in any way, it throws a child off. >> reporter: shelter, inc., helps the homeless in contra costa and the number of people they saw last year doubled to almost 6,000. more than half are children.

>> so when you come home, where are you going to come home to? the park bench? back seat of the car? you're going to study by the dome light in the ceiling of your car? >> reporter: kids in this situation can't think right. >> for every six months a child's homeless they fall a year behind in school and that's assuming they are going to school. >> reporter: shelter, inc., is turning that around for thousands of children, getting families in shelters, getting them healthcare, and then talking about school, even providing tutoring. so what's changed it in forrest's life? his teacher says he is bright, loves having him as a student. >> so you went from fs to as? >> yes. >> reporter: you can learn from your history and you aren't destined to repeat it. >> i see him having a future now and we're able to talk about how not to get back in that predicament again. >> reporter: in antioch, ann

notarangelo, cbs 5. a groundbreaking ceremony took place today at the site of a new senior housing complex in the south bay. more than 100 affordable rental homes will be built in sunnyvale. senior housing is nothing new, but what is new is how it's being funded. thuy vu tells us what role google will play in getting the new homes built. >> reporter: look around, this was once a parking lot in sunnyvale. but come next summer, it's going to be transformed into something desperately needed here in silicon valley, affordable housing for low income seniors. 124 apartments in all serving seniors whose incomes are less than 50% of the median level. and for the first time, google is getting involved. it's invested $19 million in the project. the company says it recognizes the challenges associated with developing affordable housing in california. >> they are the seniors who have access to public transportation. there are a number of amenities

in the neighborhood, grocery stores, pharmacies, a senior adult day health clinic. so we are very, very excited about this new development. >> reporter: mid peninsula house something the developer. it expects demand to be high. the last project they completed for seniors not far from here offered fewer than 100 units. it attracted 6,000 applications. in sunnyvale, thuy vu, cbs 5. all right. let's see about bumping up the temperatures a little bit, roberta? >> especially for you. you asked, you shall receive. hey, temperatures today went up 10 degrees inland, like livermore. yesterday 78. today 88 degrees. and check this out. the coast is clear. except for right there, a little bit of noted stratus in the form of some low clouds. but wait until you see what happened to those clouds. you will even be able to see tonight's sunset. if you are out and about tonight, we have the giants playing host to the colorado rockies.

game time temperature near 65, clear skies. out and about on this tuesday evening, some very clear and mild conditions inland. still in the 80s. and just that hint of stratus with that sunset at 7:40 tonight. this is remarkable. look at your pinpoint forecast. instead of the clouds moving onshore, what are they doing? they are moving offshore. tomorrow morning, sun-up at 6:38. we are going to be able to see it with the winds kicking in out of the northwest. it's going to be more of an offshore component during the day. the numbers are going up. tonight very mild in the 50s and in the 60s. 61 degrees in mountain view. mid-50s towards the delta including discovery bay, rio vista and cordelia. tomorrow's daytime high temperatures going up to 89 degrees in san jose when the average high is 84. so above normal. notice the 70s lining the immediate seashore. east of the bay up to 98 degrees in brentwood and tracy, oakley, mountain house. 95 in santa rosa. and low 90s in napa through glen ellen. the cbs 5- and 7-day forecast now does sport that thursday

will be the hottest day of all coming up this workweek. triple digits in our inland areas. it's a short-lived heat wave with the numbers coming down with the return of a deepening marine layer over the weekend as we slide towards the holiday on labor day. we'll talk more about that next time around. >> i'm going to ask for more because when i ask, i got it, it seems. >> you shall receive. thanks, roberta. if you drive a hybrid plenty of reason to celebrate and maybe you get to stay in bed a little longer, too. that's coming up in two minutes.

that was san jos reed las i have no doubt that our fire union will use whatever they can to their advantage to get bigger raises. >> that was chuck reed acknowledging the public fight over budget cuts for the city's fire department. tonight that debate just got hotter. len ramirez explains being fueled by some audiotape, huh,

len. >> reporter: that's right, allen. the audiotape was released today by the firefighters union that seems to beg the question, what did the city know about fire safety and when did they know it? battalion chief played an audio recording he says proved san jose official knew in detail how laying off 49 firefighters would increase the risk of fire spread and fatalities. >> when fire extends beyond the origin you get an eight to tenfold increase in loss of life and property. >> reporter: on tape is the acting deputy director of fire support services speaking to a firefighters convention in florida last night. caddy describes giving that information to the city manager and top city manager at city hall. >> the public information officer was sitting there and he gasped. he said the public will never accept that. you can't say that. >> reporter: he released the recording saying the public has been kept in the dark about the actual effects of reduced fire staff. the equivalent of five engine

companies. >> i think the new limitations to our ability to respond and the outcomes that go with it need to be shared to everyone as the decisions are made. >> reporter: it's the latest round in an increasingly nasty battle between the firefighters union and the city over budget cuts. the city manager admitted to being caught off guard. >> my staff is sorting out the details of who said what to whom and then i think very importantly, what context, because certainly comments can be taken out of context. >> reporter: but mayor chuck reed says the city's plan for moving fire companies around to backfill during busy call periods called dynamic deployment has brought response times to acceptable levels. he also said firefighters have it within their power to restore staffing levels by accepting wage cuts as other city employees have. >> i'd like to have more firefighters, not less. i just can't afford them. the average cost for a firefighter is over $180,000 a year. that's why i didn't think it was unreasonable to ask for a 10% reduction in order to save some of those firefighter jobs. >> reporter: now this dispute

between the firefighters and the city is a long way from getting resolved. allen, it may have to go to binding arbitration sometime next month. not what the city or firefighters wanted. but that's the way it's shaping up. >> i was trying to keep track. the ball is in whose court right now? >> reporter: the ball right now is in the city's court. they back pedaled a little bit to respond to the audiotape put out today by the firefighters union. i spoke to one of the official who was quoted in the audiotape. he doesn't remember that conversation happening. and says that he did have a meeting with this fire official. but that was not in this latest round of negotiations. he told me that the actual conversation happened in april of 2009. so this may have been taken somewhat out of context by the firefighters union. >> they are sorting it out. len ramirez in san jose, thank you. well, if you own a hybrid this will make you happy. a new state law is extending carpool lane permits and making thousands more permits available.

kara finnstrom has the new rules of the road. reporter: sanya olson drivers her prius from santa clarita to hollywood every day and says you will always find her in the carpool lane. >> i figured it out. it saves me about like 20 to 30 minutes a day in traffic. and calculated, that comes to about 6 days a year. >> reporter: she is ecstatic about california's new carpool lane law which encourages ecofriendly cars. it allows new permits for fuel- efficient cars and extends the life of old carpool lane permits for hybrids. what this means for olson and everybody else with the stickers is they don't expire at the end of the year. drivers get another six months in the carpool lane. drivers of the still rare electric cars will get another four years in the lanes. but because the bill will allow up to 40,000 more california motorists to drive the lanes solo, not everyone is on board. >> eventually we'll have a lot more cars with hybrids and then

we'll need two-car pools, three- car pools. >> reporter: this person believes carpool lanes should be reserved only for cars with at least one passenger. >> i drive my kids and i go in the carpool. i enjoy it. and when i'm by myself, i know it's not going to happen in the carpool. >> reporter: the debate is far from over. those behind the new law plan to reassess carpool lane congestion and permits for ecofriendly cars when the newest permits expire in three years. olson plans to buy a new car before letting hers run out. >> i will buy a natural gas vehicle. yes. i will. six days a year! half hour a day! that's so much to me. >> kara finnstrom in southern california. cyclists have a new set of bike lanes in san francisco. the city unveiled a completed set of cycling lanes running from fort mason to the embarcadero. the project is the first of dozens of similar projects set to be finished by the end of the year. planners say the demand for biking lanes in the city grows

every day. >> we see an over 50% increase in people biking in the last few years and that's with relatively few improvements to the street. >> the bike lanes were supposed to be finished four years ago. they were delayed though by a cord injunction over environmental concerns. the court lifted that ruling earlier this month. google says it has "the" solution to email overload. the company's introducing a new prioritizing feature for its gmail system. it's called "priority inbox." google says it sorts users' e- mails so their most important unread e-mails appear at the top. ones deemed less important go to a bin called "everything else." so how does it work? >> google has their own algorithms and the formula to see who you respond to, who writes to you the most, what e- mails you open and similar words in there. >> gmail users will have to activate the priority inbox feature, which should start becoming available this week. google hopes the enhancement

will lure more users to gmail and away from rival email services. cnet says users might want to check their e-mails more carefully at least in the beginning to make sure the system is not miscategory rising the important e-mails. itunes users may soon be able to listen to the longer sample of the songs they are thinking of buying. cnet is reporting apple may increase the time of its music previews from 30 seconds to one minute or possibly 90 seconds. good news for anyone who has ever purchased the song that they later regretted. apple's ceo steve jobs is expected to make the announcement tomorrow at a san francisco event. it's one of the largest real estate companies in california. tonight, its ceo is taking a leave of absence. his response to allegations of secretly recorded sex acts. they may look great but they are destroying property and costing taxpayers big money. so why is it so difficult to get rid of them?

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amidst a criminal investigation today michael lyons stepped down at least temporary as ceo of his real estate company amidst a criminal investigation looking into allegations of sex tapes, drugs, prostitutes and more. tonight we see the blurred out images from sex tapes authorities are now investigating. we want to warn you, some of the images are graphic. david begnaud from our sister station kovr with the story. reporter: these images obtained by cbs13 are so graphic, we had to blur them. the first image shows a man said to be mike lyon laying on a bed smiling. standing in front of him, a woman sources tell cbs13 is a prostitute wearing no clothes. their sexual encounter is recorded. this is noteworthy because cbs13 has confirmed law enforcement sources are investigating whether mike lyon engaged in prostitution. did he involve himself with prostitutes? >> well, i'm not going to comment on anything here right now that deals with any factual

denials. but i will say this. there is absolutely no evidence that mike lyon committed any illegal act. >> reporter: cbs13 has also learned law enforcement officials with the sacramento sheriff's department and the sacramento direct attorney's office have been given a hard drive with hours of footage, some containing sexually state police the acts involving lyon and women, and they are also investigating whether he videotaped children in compromising positions as well an allegation that was denied to cbs13. >> there is absolutely 100% zero evidence that mike lyon ever had anything to do with minors, and i mean period end of story. it's not even a close call. >> reporter: cbs13 learned that investigators are looking into allegation that lyon videotaped these people without their knowledge, using a series of hid n cameras in his home in the bedroom and bathroom. if true, legal analyst ken

rosenfeld said it could post a problem for lyon. >> you could understand why somebody would have cameras if they're him in living rooms, play rooms, dens, he has a lot of valuables and parties and people coming in and out i we presume. but the bed room and the showers? off limits. big problem. >> reporter: a bigger problem would be if, as alleged, lyon recorded minors nude or in sex acts with others. the fbi and the u.s. attorneys office said publicly they had insufficient evidence to charge michael lyon with a crime. but published reports now reveal that the statute of limitations may have run out and so had the feds's chance of prosecuting lyon. now the state authorities are investigating, which is where rosenfeld says it should have been all along. >> we have evidence that there's videotapes and there's cameras. that's really not federal jurisdiction. so i'm not so down on the feds at this point. i'm sure they looked at it carefully and decided that this is better handled in state court which is where it should be.

>> reporter: finally, as for those making allegations of sexual misconduct by the real estate executive. >> bring it on because we know who they are and we know what they're saying and we are 100% ready for every, single bit of it because it is false! >> well, this afternoon, lyon real estate released a statement announcing lyon's leave of absence. "after being cleared 6 any wrongdoing by the u.s. attorney and the fbi, mike lyon will spend time clearing his good name and dealing with the current baseless allegation being investigated by the district attorney. today marks the 62nd day of california's budget stalemate and it cost us billions so far according to governor schwarzenegger. republicans and democrats were meeting today to vote on the latest version of the budget. but governor schwarzenegger said neither side we get the two-thirds vote needed to pass their version. the state is facing an estimated $19 billion deficit this year.

until the budgets is passed, payments are being deferred to schools, counties, and health clinics serving medi-cal patients among other agencies. with california in serious debt, there is far more critical eye on the state's business dealings. for example, an exclusive contract with an out-of-state company involving california prisoners. it was worth nearly $700 million. and as mike luery shows us that same company was giving state lawmakers some money, as well. reporter: california's prisons are costing taxpayers roughly $1 billion a year. overcrowd something so extreme, the courts have -- overcrowding is so extreme, the courts have threatened to release 40,000 prisoners. governor schwarzenegger declared an emergency four years ago paving the way for 10,000 inmates to be shipped to arizona, mississippi and oklahoma. but a $23 million contract to send prisoners out of state has

now mushroomed into a $700 million deal for a private company in tennessee. >> when you look at this it's a classic example of pay to play politics. >> reporter: campaign finance records show that the tennessee firm gave $100,000 to governor schwarzenegger's ballot measure last year for budget reform. cc at also gave thousands to the meg whitman for governor campaign and jerry brown, too. and more than a quarter of a million dollars to elected officials in both parties. >> the fact that they are furthering that money in looks like they are greasing the decides get more money out. >> reporter: cca declined our interview request but sent us a statement saying in part, "we are no different than and in fact play a much smaller role in this arena than many individual californians, special interest groups and businesses." but the cca contract has now been amended several times

resulting in today's nearly $700 million price tag. >> so we had a hearing along these lines and found that there was no competitive bidding. >> reporter: assemblyman hector dell torres says other firms and states were interested in housing california prisoners. the department of corrections says two vendors did bid for the initial contract but one dropped out. >> cca was only one that had the cell capacity with the perimeter security and the programming necessary to take care of the offenders in the way that california takes care of them. >> reporter: the cca contract expires next year. and there's the call at the capital for more transparency. >> it has to look like all other competitive bidding processes so that the taxpayer will know that they are getting the best deal when we are sending prisoners out of state. >> reporter: right now we don't know? >> we have no idea. >> reporter: the cca contract expires next june and there is growing pressure at the capital to reject any expansion unless it's opened up to competitive

bidding. in sacramento, mike luery, cbs 5. governor schwarzenegger talked state economics today in san francisco. he spoke at a summit on economic resurgence in the bay area. the governor says his main focus is to stimulate california's economy, create jobs. he says the best way to do that is to lure more employers to our state. >> we must always think of one thing and this is how do we go and make the state of california competitive compared to other states and how do we go and create incentives for other businesses to come from other states to california? >> the governor says that he plans to veto hundreds of bills coming to his desk that he calls, quote, job killers. foreign invaders in the bay area. you may even have one on your property. the damage they are doing and why it's still so difficult to get them removed. before it warms up again, a reminder of what is in the water along the pacific coast. it was last night the worst

loss of the season for the giants. i'm dennis o'donnell. why the raiders are in good hands if jason campbell isn't ready for week 1. the great gradkowski coming up. i like tlove them all. fruits. the seal i get with the super poligrip free s the seeds from getting up underneath. even well fitting dentures let in food particles. just a few dabs of super poligrip free is clinically proven to seal out more food particles so you're more comfortable and confident while you eat. a lot of things going on in my life and the last thing i want to be thinking about is my dentures. [ charlie ] try super poligrip free. baccalaureate. correct. [ audience groans ] since this competition has been continuing for 48 hours and we have yet to eliminate anyone, it is the decision of this board to declare all 20 contestants winners. you have all competed admirably. admirably. a-d-m-i-r-a-b-l-y. admirably.

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just getting word of an earthquake that struck the east bay at 6:26. so less than 10 minutes ago. it was a magnitude of 3.2. about 2 miles northwest there as you saw of concord. this is the cbs 5 seismograph there. again 6:26 the 3.2 would miles northwest of concord. no word on damages or injuries. how many times have you said it? it seemed like a good idea at the time. that's what people in san francisco are saying about a type of tree that they planted all over the city decades ago. alex montano on how this green

idea turned out to be a growing nuisance. >> discovered that this is a notoriously nasty tree. it has really aggressive roots. it's caused tremendous damage. >> reporter: the new zealand christmas tree, aka, the species of trees that destroys sewers and sidewalks. >> because of the roots of this tree which are known to lift entire pipes, no, they don't necessarily go into them. but the roots are huge and they lift pipes. >> reporter: san francisco planted these trees throughout the city in the '80s. today they are buckling sidewalks, cracking curbs, drawing into power lines and clogging sewers. residents say it's the city that dree aid the pollen in the first place. it's ultimately the property owner responsible for the damage. elizabeth has forked out thousands for the tree that sits in front of her potrero hill home. >> it's a nice tree but i think

it's in terms of, uhm, the safety of the street and the ongoing sidewalk situation and sewer situation, it's time for it to be replaced with another healthy sustainable tree. >> reporter: not so fast, says the department of public works. they are trying to preserve adult trees. they say only 1% of the city's trees are mature and that's not good. >> so mature trees employee norm must environmental benefits to the city of san francisco and we have an order annapolis that requires that trees are protected. >> reporter: even though these trees do damage, officials say the benefits outweigh the risks of losing them. one tree might soak up as much as 11,000 gallons of storm runoff a year. >> they also take up carbon dioxide, produce oxygen filter the air for fine particulate matter so trees actually appreciate in value over time and provide benefits to the city and we have lost a lot ofour mature trees. >> reporter: if you are have

been problems with the mature tree in front your home the city will evaluate it for you. >> many people want to preserve their trees and we are always happy to work with them. public safety is essential. so we need to make sure that the sidewalks can be safely repaired. but in many case, that's possible and we will work with property owners and come up with the solution. >> reporter: as with elizabeth if your application for tree removal is denied you can bring it to the board of appeals. >> voted 4-1, the denial is overruled. >> reporter: bye-bye tree. in san francisco, alex montano, cbs 5. pacifica police are warning people at the beach to be careful. this is following a sighting of a great white shark. witnesses at linda mar beach say they saw that shark attacking a sea lion a few hundred yards out. they say that shark about 18 feet long. >> right away i was like shark. she said no a dolphin.

right when she turned around a big red spray coming out. so it was dramatic. >> there were some surfers in the water at the time but no one was hurt. it's big and it's beautiful. but jeff of foster city asks, what is the average depth of san francisco bay? ken bastida has tonight's "good question." reporter: san francisco bay with its deep blue-green waters is a favorite destination for tourists worldwide. so what i'm going to tell you is just for us locals. the bay on the average about as deep as your neighborhoods swimming pool. >> when you look out on the water you assume oh, it's this dark murky water it must be deep about in reality the average dement of the bay is between 12 and -- depth of the bay is between 12 and 15 feet. >> reporter: she says it's a little misleading because we see big ships coming in and out of the bay every day.

but what you may not know is that they are restricted to very narrow channels that have to be constantly dredged. >> we still need to come in and dig out some of that extra sand and mud that's coming down from the mountains and from the rivers, or else a lot of the cargo ships that come in from many ports would not be able to navigate in. >> reporter: as it turns out, the deepest part of the bay is where all the action, right under the golden gate. that's where that tidal action comes in and continually scours away at the bottom. the waters about 300 feet deep under the bridge but chen says that is definitely the deep end. >> that area in between hayward and san mateo and all the way down to san jose is just mud. it's one big mud flat that maybe is 12, 36" deep when it's even at high tide. >> reporter: i need your good questions. send them to me at cbs5.com. water looks refreshing with the forecast temperatures we have just for you. stay with us, pinpointing your

neighborhood's temperatures up next. ,,,,,,,,,,

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they had 30 people and an idea. meg's job was to make it happen. it took leadership. focus. and the ability to bring people together. meg whitman delivered. named one of america's best ceo's by harvard business review, she grew ebay 15,000 strong and made small business dreams come true. now meg has a plan to create jobs. fix sacramento. and deliver results. meg whitman. for a new california.

only in los angeles. all right. this next story can be summed up in one way. only in los angeles. today a small group of superheros staged a protest outside l.a. city hall. they say they have been unfairly targeted even arrested by police on hollywood boulevard. in fact, they have now been banished from the famous strip altogether. police say that there have been fights between the characters over territory, as well as complaints from tourist that the superheros aggressively solicit tips after posing for pictures. >> swear to tell the truth, whole truth and nothing but the truth. >> so help me god. >> and you never strong-armed somebody. >> never. >> never told somebody to pay up or else? >> no. >> other performers who dress as batman, elmo, charlie chaplin were also supposed to attend but holy cowardly super me row, batman! they were afraid to show us because of harassment. a lack of costumes here, something you don't see in san

francisco's financial district every day. men who gave the suits off their backs. a promotion for an annual suit dry hosted by men's warehouse. the donated suits go to organizations to help people recovering from hardship to get back on their feet and find a job. suit drive starts tomorrow and runs through september. you can donate gently used suits, sports coats, pants, shoes or ties at any men's warehouse location and i actually asked one of the young men about women's clothes and they said, yes, absolutely. >> excellent idea. >> i love this idea. what a marketing plan. who is the genius? >> genius behind that. i just asked, why didn't we get to cover that story? [ laughter ] >> cover, get it? just cover. all right. okay. they have been hanging around with mr. martin too long. rubs off. you know, a little less clothes is what you're going to want the next couple of days. >> oh, good. >> it's a mini heat wave. >> hot! >> live cbs 5 looking out past

mount vaca where today's high near 88 degrees compared with highs near 70 at the coast. now we are seeing return of a faint layer of low clouds and patchy fog. this is what you can bank on, stratus at the seashore, clear at the bay and 80s inland where today's high temperature 10 degrees warmer than yesterday. okay, i got to get out of the way. look at your pinpoint forecast. what do you see? you see clouds actually treating to the west out over the open waters. that is a direct result of the forecast offshore flow. so that's going to allow the temperatures to warm tomorrow especially inland. santa rosa up to 95 for wednesday. we'll tag 3 degrees on the san jose forecast. san francisco at 80 degrees. and talking mid-80s across the bay to the east in oakland. but the direct result is it will be our third "spare the air" day of the season,

unhealthy ozone in the atmosphere around the santa clara valley. tonight, overnight number-wise, very mild in the 50s to the low 60s. mountain view at 61 degrees. meanwhile daytime highs pinpointing your forecast, kick- starting with the coast and the peninsula into the santa clara valley. 78 in daly city to 94 degrees in morgan hill. meanwhile, east of the bay, 96 degrees in walnut creek. and so we're talking 98 degrees further east you go towards brentwood which means somebody's backyard will hit 100. otherwise, north of the golden gate bridge, 75 in bodega bay to 93 degrees in sonoma. temperatures will be peaking by thursday. and then we see the return of a shallow deck of low clouds and fog on friday morning that will drop the temperatures. and then we'll continue to see the additional cooldown over the holiday weekend. this photograph was sent in to us by rob wood of san bruno mountain. we thank you, sir, and keep the

photos coming to cbs5.com. hike, dennis, take it! >> why did san jose state's odds of upsetting alabama improve? well, remember this? minor league manager phillip wellman has another outburst. we're up next. ,, ,,,,,,,,,,,,

weekend than san jose state... vegas is giving the spartans 39-points against defending champs alabama no one will be a bigger underdog than san jose state. vegas is giving the spartans 39 points again defending champs alabama. ♪ [ music ] ♪ underdog >> the point spread may drop a little closer to kickoff. alabama's heisman trophy winner mike ingram won't play saturday after undergoing knee surgery this morning. the giants suffered one of the worst losses of the season last night. sanchez had a shutout through eight innings but bruce bochy took him out after he walk the leadoff man in the 9th inning. >> he throws... a broken bat flyball to the right center and misjudged! ross moving to his right and it sails over his head all the way out near the 421! that's going to tight game.

>> sanchez's throw is going to be... by wilson. and into the dugout and he is going to score. unbelievable. >> well, there was plenty of blame to go around. ross misjudges the flyball. sanchez to throws the three hopper to third base and brian wilson got over late to back up third base and prevents the ball from going into the dugout. but naturally we at cbs 5 find the silver lining. despite the loss the giant remain a game and a half back of the phillies in the wild card standings and five games behind the padres in the west. as, yankees, courtesy of comcast sportsnet california. bronx bombers have certainly lived up to the nickname scoring 21 in the last 2 nights. nick swisher with his 25th of the season. macero gives up 9 runs. the yankees lead the as 9-3 in the 8th inning. remember back in 2007 when mississippi braves manager phillip well man had one of the

great meltdowns of all time launching it as if it were a grenade? wellman lost his cool again sunday night after being ejected. he goes back to the dugout, throws every, single batting healthment on the field. i doubt the braves will be adding their aa manager to the coaching staff when the rosters are terrorismed tomorrow. not much went right for bruce gradkowski. he would be the backup. then he tore his pectoral muscle during off season practice. the one thing he did enjoy, his trip back home. >> when i went back to pittsburg everyone is excited and you get the little things, hey, wait a minute, aren't you the quarterback for the raiders? >> gradkowski throws, touchdown! [ applause and cheers ] >> >> reporter: the great gradkowski stunned the team he grew uprooting for last december throwing three 4th quarter temperatures and leading the raiders to their biggest win of the season. how much does this mean to you as a father and how proud are

you today? [ pause ] >> it's unbelievable. [ crying ] >> it's special. special. he's a good person, deserves it. >> that game was awesome, now? the only thing that will make that better is when it's in the afc championship and we go to the super bowl laugh that win. >> reporter: gradkowski will begin the year as the backup to jason campbell but after surgery on both knees and recovering from a torn pectoral muscle he is finally healthy and showed the raider fans he still has the magic. >> he may go 30, 20, 10, touchdown!!! raiders!! >> he get really involved in the game and, you know, gets excited and, you know, has a lot -- plays with a lot of emotion and he is definitely dedicated. i was his roommate in camp and saw how much study and how much work he put in after practice

late at night studying the playbook. >> we help each other. wah is best for the team this year, we all want to win. >> our favorite soccer team in iceland is at it again with the goal celebrations. the latest they formed a human toilet, lifts the seat, he does the little reading -- >> oh, no. >> in the library. >> takes care of business. don't worry, ladies. he flushed the toilet. right there. >> and he put the lid down. >> he did, too. >> love him. >> yeah. >> so the gentlemen in iceland have this thing down. >> unique. >> it's almost like their goal is secondary. the priority really is how are we going to go national. >> in europe, there aren't very many legs on toilets. >> wishful thinking. >> see you at 10:00 and 11:00. ,,,,,,,,,,,,,,,,